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DAVIS v. STATE

39 A.D.2d 782 (1972)

William R. Davis, Appellant, v. State of New York, Respondent. (Motion No. M-13447.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 4, 1972

Affirmed, without costs.

No opinion.

Kane, J., dissenting.

I believe that a reasonable excuse for failure to timely file the claim has been presented. Claimant's attending physicians stated in their affidavits that he was totally disabled for a period of two months after the accident, and one doctor stated further that he was not physically or emotionally able to function normally and was unable to pursue a lawsuit or any other type of...

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